New Mexico Bill Would Expand Employment Protections for Medical Marijuana Patients

A measure filed today in the New Mexico Senate would significantly strengthen job protections for registered medical marijuana patients, making it unlawful for most employers to take adverse action against workers or job applicants based solely on conduct allowed under the state’s Compassionate Use Act. Senate Bill 129, sponsored by State Senator Heather Berghmans (D) and State Senator Reena Szczepanski (D), amends Section 26-2B-9 of state law to broaden existing employment protections tied to medical marijuana use.

Under the proposal, employers would be barred from taking adverse employment action against an applicant or employee for legally authorized medical marijuana conduct, unless doing so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations.

The bill makes clear, however, that employers would still retain the authority to prohibit on-the-job use or impairment. Specifically, it allows employers to take action against an employee for using medical marijuana on the work premises or during working hours, or for being impaired while on duty.

The measure also preserves an important carveout for safety-sensitive roles. It states that the expanded protections would not apply to employees working in positions that the employer designates as safety-sensitive.

In addition, the legislation clarifies that state and local government employers would not have the authority to regulate an employee’s lawful medical marijuana use outside of working hours, so long as the individual remains a qualified patient and their use is not otherwise restricted by state law or regulations.

By tightening the language around what constitutes permissible employer action, SB 129 would offer clearer and stronger protections for medical marijuana patients navigating workplace policies, while maintaining employer authority over impairment, workplace safety, and compliance with federal requirements.